Reasonable suspicion & probable cause: What's the difference?

Dec 9, 2014

Reasonable suspicion & probable cause: What's the difference?

Posted By
Sutton & Janelle, PLLC

In our post last week, we discussed the types of circumstances under which
police can initiate a traffic stop. In order for the stop to be considered
valid, the officer must have a âreasonable suspicionâ
that criminal activity may have taken place, often
drunk driving.

Most Americans outside the criminal justice system are familiar with the
term âprobable cause.â While reasonable suspicion and
probable cause are similar concepts, they should not be used interchangeably.
Reasonable suspicion may justify a traffic stop followed by limited investigation.
But a DUI arrest generally cannot be made until the officer has established
probable cause, which is a higher standard.

In the context of a DUI-related traffic stop, reasonable suspicion could
be based on erratic driving. This could turn out to be nothing, and thatâs
why the standard is pretty low. In order to establish reasonable suspicion,
the officer must only have âsome indication that the motorist
might have committed a crime,â as explained by
FindLaw.com.

If the officer makes the stop and notices certain evidence that seems to
support the drunk-driving suspicion (smelling of alcohol, slurred speech,
etc.), he may choose to investigate further. This is where field sobriety
tests and breathalyzer tests come into play. Failing one or both of these
tests could be enough evidence to establish probable cause, which is whatâs
needed in order to arrest the allegedly drunk driver. The probable cause
standard requires that âan officer must have enough evidence to
suggest that the motorist has most likely committed a crime.â

Hopefully, readers now have a better understanding of how police officers
make these decisions, as well as how defendants may be able to challenge
them. An experienced criminal defense attorney can review the details
of your arrest in order to determine if reasonable suspicion or probable
cause may have been lacking.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.